Bombay High Court

UJJWALA SAMBHAJI TAMBOLI AND ORSversusSTATE OF MAHARASTRA THR SECRETARY REVENUE AND FOREST AND ORS

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The Court held that the petitioners may file a representation to the Deputy Conservator of Forests and the grievance shall be decided by the Scrutiny Committee in accordance with the 13 August 2026 Government Resolution.

Summary

The petitioners, Ujjwala Sambhaji Tamboli and others, alleged that their lands were incorrectly mutated as ‘Private Forest’ without following the procedure prescribed in Section 35 of the Indian Forest Act, 1927. The Court, recalling its earlier directions in Writ Petition No.1536 of 2017 (dated 23 July 2026) and Writ Petition No.5344/2026 (dated 24 August 2026), ordered that the petitioners be allowed to file a representation before the Deputy Conservator of Forests. The matter was to be placed before the Scrutiny Committee, which must act in accordance with the Government Resolution dated 13 August 2026 and decide the grievance expeditiously. The Court directed that all pleadings be adjudicated by the Scrutiny Committee and disposed of the writ petition and any interim applications. The decision effectively provides a procedural remedy for the alleged wrongful mutation of forest land.

Issues considered

Whether the petitioners may file a representation to the Deputy Conservator of Forests challenging the mutation of their land as ‘Private Forest’ without compliance with Section 35 of the Indian Forest Act, 1927.
Whether the Scrutiny Committee, as per the Government Resolution of 13 August 2026, must adjudicate the representation expeditiously.

Legislation cited

Indian Forest Act, 1927 — s. 35

Subjects

Private Forest
Mutation
Indian Forest Act
Representation
Scrutiny Committee
Land grievance
High Court
Writ Petition

Judgment

                                                  1/2                11 WP 11307-26.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
         Digitally


MANALI
         signed by
         MANALI
         PRASANNA
                                     WRIT PETITION NO. 11307 of 2026
PRASANNA TILAK
TILAK    Date:
         2026.09.03
         18:48:48
         +0530


                      Ujjwala Sambhaji Tamboli and ors         ..   Petitioners
                                        Versus
                      State of Maharashtra thru Secretary      ..   Respondents
                      and ors
                                                    …

                      Mr. Rajesh N. Kachare for the petitioners.
                      Mr.M.M. Pable, AGP for the State.

                                         CORAM : BHARATI DANGRE &
                                                  ASHISH S. CHAVAN, JJ
                                         DATED : 2nd SEPTEMBER, 2026
                      P.C:-

                      1       In the wake of the directions issued by us in a bunch of
                      Writ Petitions, the lead Petition being Writ Petition No.1536 of
                      2017, decided on 23rd July 2026, as well as the directions
                      issued in Writ Petition No.5344/2026 decided on 24/08/2026,
                      we deem it appropriate to permit the Petitioners to prefer a
                      representation to the Deputy Conservator of Forests, and permit
                      the Petition to be treated as a representation to be placed
                      before the Scrutiny Committee, which shall follow the mandate
                      as set out in the Government Resolution dated 13 th August,
                      2026, issued by the Revenue and Forest Department, streaming
                      for redressal of grievance of those who claim that their lands
                      have been wrongly mutated as ‘Private Forest’ without


                      Tilak
                              2/2                 11 WP 11307-26.doc


following the procedure laid down in Section 35 of the Indian
Forest Act, 1927.
        All the pleadings shall be adjudicated by the scrutiny
committee in expeditious manner.
        With the aforesaid directions, the Writ Petition stands
disposed of.
        Interim Application, if any, also stands disposed of.



(ASHISH S. CHAVAN, J)                      (BHARATI DANGRE, J.)




Tilak

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